Landlocked
By Jim Palmer Jr.

For the second time in a week I’ve come across the situation where someone owns a property that is landlocked.  That means there is no legal recorded easement for the owner to access their property, even though there may be some sort of a road in place and history of use.  This makes such property virtually worthless.  How does this happen?  This scenario is most often created when the owner of a larger parcel sells off portions of their property without reserving an easement for the remaining parcel.  The next question is, “If the current owner is not the one who unintentionally landlocked their own property, then why didn’t the new buyer discover that issue when they purchased it?”

Real estate brokers and attorneys are often called in to help cure this significant type of title defect  after a do-it-yourselfer has self inflicted this situation on themselves and then  passed that  issue on to the next owner without a title search.  Title insurance might seem inexpensive to that owner now that this truth is discovered. 

The good news is that according to the Revised Code of Washington a property cannot be landlocked (RCW 8.24.010).  That is not to say that the cure is quick and easy, but if the affected party has the gumption to take it to court, a judge would likely find that you are entitled to an easement and subsequently award an easement by necessity, though you would have to pay the fair value for the easement, including loss of opportunity for the neighbor. 

Since filing a court action against a neighbor usually creates ill-will, a better approach may be to diplomatically convince the neighbor(s) of your need for access and be willing to pay the going rate to create that written easement.  Threats of a future lawsuit may not be the way to start that conversation.
Things that affect a neighbor’s willingness to cooperate are the attitude of the petitioner of course, and the revelation as to what the access agreement will need to consist of.  Will the affected property be subdivided in the future, creating more traffic, which could mean more dust and headache for the neighbor?

The current owner could potentially sue the previous owner for conveying this defective title, but that would just take more time and create more cost, adding layers to the possible solution. Honestly a buyer who purchases property without the clarity of a Title Insurance Policy probably deserves exactly what they get.